PRAKASHKAUR Vs. HARJINDERPAL SINGH

JUDGEMENT

(1.) The wife-petitioner has filed this petition purporting to be under S. 13 of the Hindu Marriage Act, 1955 [for short 'the Act'] seeking decree of divorce against husband-non-petitioner Harjinder Pal Singh on the grounds of cruelty and desertion as set out in S. 13 (1) (i-a) (i-b) of the Act.

(2.) The case of the petitioner is that her marriage with non-petitioner Harjinder Pal Singh was performed some three years ago in accordance with Sikh religion. Her parents gave dowry as per their status. The husband-non-petitioner treated her properly for three months but thereafter, at the instance of other relatives, he started harrassing her and used to make demand for the dowry continuously. According to the petitioner, since her father had expired, it was not possible for her to satisfy the demand of dowry. The non-petitioner, therefore, started treating her with cruelty and also used to beat her and indulged in filthy language. In these circumstances, the wife-petitioner was compelled to lodge a complaint against the husband-non-petitioner and her in-laws for the offences under Ss 498-A and 406 IPC. The Police, after investigation, filed a chargesheet against the husband-non-petitioner and others. The above criminal case is still pending. She, therefore, sought divorce from the husband-non-petitioner.

(3.) A notice of the above petition was served on the husband-non-petitioner but despite service of notice, nobody appeared on his behalf to contest the divorce petition. Hence ex parte proceedings were taken. The wife-petitioner examined herself as A.W. 1. However, after appreciating the testimony of A.W. 1 Mst. Prakash Kaur, the application filed by the husband-petitioner has been dismissed by the learned Addl. District Judge, Raisinghnagar vide his Judgment dated 13-5-1997. Hence this appeal by the wife-petitioner.